Article II, Montana Constitution

Montana Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • Schedule

Article II of the Montana Constitution is entitled Declaration of Rights and consists of 37 sections.

Section 1

	Text of Section 1: Popular Sovereignty All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.

Section 2

	Text of Section 2: Self-Government The people have the exclusive right of governing themselves as a free, sovereign, and independent state. They may alter or abolish the constitution and form of government whenever they deem it necessary.

Section 3

Text of Section 3: Inalienable Rights All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.

Section 4

Text of Section 4: Individual Dignity The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.

Section 5

	Text of Section 5: Freedom of Religion The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Section 6

	Text of Section 6: Freedom of Assembly The people shall have the right peaceably to assemble, petition for redress or peaceably protest governmental action.

Section 7

Text of Section 7: Freedom of Speech, Expression, and Press No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty. In all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and the jury, under the direction of the court, shall determine the law and the facts.

Section 8

	Text of Section 8: Right of Participation The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law.

Section 9

	Text of Section 9: Right to Know No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.

Section 10

	Text of Section 10: Right of Privacy The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.

Section 11

Text of Section 11: Searches and Seizures The people shall be secure in their persons, papers, electronic data and communications, homes and effects from unreasonable searches and seizures. No warrant to search any place, to seize any person or thing, or to access electronic data or communications shall issue without describing the place to be searched or the person or thing to be seized, or without probable cause, supported by oath or affirmation reduced to writing.

Amendments

• Amended with the approval of C-48 on November 8, 2022.

Section 12

	Text of Section 12: Right to Bear Arms The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.

Section 13

	Text of Section 13: Right of Suffrage All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Section 14

	Text of Section 14: Adult Rights A person 18 years of age or older is an adult for all purposes, except that the legislature or the people by initiative may establish the legal age for purchasing, consuming, or possessing alcoholic beverages and marijuana.

Amendments

• Amended with the approval of Amendment No. 7 on November 7, 1978.
• Amended with the approval of Amendment No. 16 on November 4, 1986.
• Amended with the approval of CI-118 on November 3, 2020.

Section 15

	Text of Section 15: Rights of Persons Not Adults The rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons.

Section 16

Text of Section 16: The Administration of Justice Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person, property, or character. No person shall be deprived of this full legal redress for injury incurred in employment for which another person may be liable except as to fellow employees and his immediate employer who hired him if such immediate employer provides coverage under the Workmen's Compensation Laws of this state. Right and justice shall be administered without sale, denial, or delay.

Section 17

	Text of Section 17: Due Process of Law No person shall be deprived of life, liberty, or property without due process of law.

Section 18

	Text of Section 18: State Subject to Suit The state, counties, cities, towns, and all other local governmental entities shall have no immunity from suit for injury to a person or property, except as may be specifically provided by law by a 2/3 vote of each house of the legislature.

Amendments

• Amended with the approval of Amendment No. 2 on November 5, 1974.

Section 19

	Text of Section 19: Habeas Corpus The privilege of the writ of habeas corpus shall never be suspended.

Section 20

Text of Section 20: Initiation of Proceedings (1) Criminal offenses within the jurisdiction of any court inferior to the district court shall be prosecuted by complaint. All criminal actions in district court, except those on appeal, shall be prosecuted either by information, after examination and commitment by a magistrate or after leave granted by the court, or by indictment without such examination, commitment or leave. (2) A grand jury shall consist of eleven persons, of whom eight must concur to find an indictment. A grand jury shall be drawn and summoned only at the discretion and order of the district judge.

Section 21

	Text of Section 21: Bail All persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.

Section 22

	Text of Section 22: Excessive Sanctions Excessive bail shall not be required, or excessive fines imposed, or cruel and unusual punishments inflicted.

Section 23

Text of Section 23: Detention No person shall be imprisoned for the purpose of securing his testimony in any criminal proceeding longer than may be necessary in order to take his deposition. If he can give security for his appearance at the time of trial, he shall be discharged upon giving the same; if he cannot give security, his deposition shall be taken in the manner provided by law, and in the presence of the accused and his counsel, or without their presence, if they shall fail to attend the examination after reasonable notice of the time and place thereof.

Section 24

Text of Section 24: Rights of the Accused In all criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, subject to the right of the state to have a change of venue for any of the causes for which the defendant may obtain the same.

Section 25

	Text of Section 25: Self-Incrimination and Double Jeopardy No person shall be compelled to testify against himself in a criminal proceeding. No person shall be again put in jeopardy for the same offense previously tried in any jurisdiction.

Section 26

Text of Section 26: Trial by Jury The right of trial by jury is secured to all and shall remain inviolate. But upon default of appearance or by consent of the parties expressed in such manner as the law may provide, all cases may be tried without a jury or before fewer than the number of jurors provided by law. In all civil actions, two-thirds of the jury may render a verdict, and a verdict so rendered shall have the same force and effect as if all had concurred therein. In all criminal actions, the verdict shall be unanimous.

Section 27

	Text of Section 27: Imprisonment for Debt No person shall be imprisoned for debt except in the manner provided by law, upon refusal to deliver up his estate for the benefit of his creditors, or in cases of tort, where there is strong presumption of fraud.

Section 28

	Text of Section 28: Criminal Justice Policy -- Rights of the Convicted (1) Laws for the punishment of crime shall be founded on the principles of prevention, reformation, public safety, and restitution for victims. (2) Full rights are restored by termination of state supervision for any offense against the state.

Amendments

• Amended with the approval of Montana Criminal Law Basis, Amendment C-33 (1998) on November 3, 1998.

Section 29

	Text of Section 29: Eminent Domain Private property shall not be taken or damaged for public use without just compensation to the full extent of the loss having been first made to or paid into court for the owner. In the event of litigation, just compensation shall include necessary expenses of litigation to be awarded by the court when the private property owner prevails.

Section 30

Text of Section 30: Treason and Descent of Estates Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on his confession in open court; no person shall be attainted of treason or felony by the legislature; no conviction shall cause the loss of property to the relatives or heirs of the convicted. The estates of suicides shall descend or vest as in cases of natural death.

Section 31

	Text of Section 31: Ex Post Facto, Obligation of Contracts, and Irrevocable Privileges No ex post facto law nor any law impairing the obligation of contracts, or making any irrevocable grant of special privileges, franchises, or immunities, shall be passed by the legislature.

Section 32

	Text of Section 32: Civilian Control of the Military The military shall always be in strict subordination to the civil power; no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war, except in the manner provided by law.

Section 33

	Text of Section 33: Importation of Armed Persons No armed person or persons or armed body of men shall be brought into this state for the preservation of the peace, or the suppression of domestic violence, except upon the application of the legislature, or of the governor when the legislature cannot be convened.

Section 34

	Text of Section 34: Unenumerated Rights The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

Section 35

	Text of Section 35: Servicemen, Servicewomen, and Veterans The people declare that Montana servicemen, servicewomen, and veterans may be given special considerations determined by the legislature.

Section 36

Text of Section 36: Rights of crime victims (1) To preserve and protect a crime victim's right to justice, to ensure a crime victim has a meaningful role in criminal and juvenile justice systems, and to ensure that a crime victim’s rights and interests are respected and protected by law in a manner no less vigorous than the protections afforded to a criminal defendant and a delinquent youth, a crime victim has the following rights, beginning at the time of victimization: (a) to due process and to be treated with fairness and respect for the victim's dignity; (b) to be free from intimidation, harassment, and abuse; (c) to be reasonably protected from the accused and any person acting on the accused's behalf; (d) to have the victim's safety and welfare considered when setting bail and making release decisions; (e) to prevent the disclosure of information that could be used to locate or harass the victim or that contains confidential or privileged information about the victim; (f) to privacy, including the right to refuse an interview, deposition, or other discovery request and to set reasonable conditions on the conduct of any interaction to which the victim consents; (g) to receive reasonable, accurate, and timely notice of and to be present at all proceedings involving the criminal conduct, plea, sentencing, adjudication, disposition, release, or escape of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim; (h) to be promptly notified of any release or escape of the accused; (i) to be heard in any proceeding involving the release, plea, sentencing, disposition, adjudication, or parole of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim; (j) to confer with the prosecuting attorney; (k) to provide information regarding the impact the offender's conduct had on the victim for inclusion in the presentence or predisposition investigation report and to have the information considered in any sentencing or disposition recommendations submitted to the court; (l) to receive a copy of any presentence report and any other report or record relevant to the exercise of a right of the victim, except for those portions made confidential by law; (m) to the prompt return of the victim's property when no longer needed as evidence in the case; (n) to full and timely restitution. All money and property collected from a person who has been ordered to make restitution must be applied first to the restitution owed to the victim before paying any amounts owed to the government. (o) to proceedings free from unreasonable delay and to a prompt and final conclusion of the case and any related postjudgment proceedings; (p) to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the offender, including any scheduled release date, actual release date, or escape; (q) to be informed of clemency and expungement procedures; to provide information to the Governor, the court, any clemency board, or any other authority and to have that information considered before a decision is made; and to be notified of any decision before the release of the offender; and (r) to be informed of the above rights and to be informed that the victim may seek the advice and assistance of an attorney with respect to the above rights. This information must be made available to the general public and provided to all crime victims on what is referred to as a Marsy's card. (2) A victim, the victim's attorney, the victim's legal representative, or the prosecuting attorney at the request of the victim may assert and seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court or any other authority with jurisdiction over the case as a matter of right. The court or other authority shall act promptly on the request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding disposition of a victim's right must be clearly stated on the record. (3) This section may not be construed to deny or disparage other rights possessed by victims. This section applies to criminal and youth court proceedings, is self-executing, and requires no further action by the Legislature. (4) As used in this section, the following definitions apply: (a) "Crime" means an act defined as a felony, misdemeanor, or delinquency under state law. (b) "Victim" means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime. (i) The term includes: (A) a spouse, parent, grandparent, child, sibling, grandchild, or guardian of the victim; (B) a person with a relationship to the victim that is substantially similar to a relationship described in subsection (4)(b)(i)(A); and (C) a representative of a victim who is a minor or who is deceased, incompetent or incapacitated. (ii) The term does not include the accused or a person who the court believes would not act in the best interests of a minor or of a victim who is deceased, incompetent or incapacitated.

Section 37

Text of Section 37: Right to make decisions about pregnancy. (1) There is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. This right shall not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means. (2) The government may regulate the provision of abortion care after fetal viability provided that in no circumstance shall the government deny or burden access to an abortion that, in the good faith judgment of a treating health care professional, is medically indicated to protect the life or health of the pregnant patient. (3) The government shall not penalize, prosecute, or otherwise take adverse action against a person based on the person’s actual, potential, perceived, or alleged pregnancy outcomes. The government shall not penalize, prosecute, or otherwise take adverse action against a person for aiding or assisting another person in exercising their right to make and carry out decisions about their pregnancy with their voluntary consent. (4) For purposes of this section: (a) A government interest is “compelling” only if it clearly and convincingly addresses a medically acknowledged, bona fide health risk to a pregnant patient and does not infringe on the patient’s autonomous decision making. (b) “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.

Amendments

• Amended by voter approval of CI-128 on November 5, 2024.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Montana Judicial Branch, "Montana Constitution"
• Montana.gov, "Chapter 21: A People's Constitution (1972)"
• Montana State Legislature, "Highlights from Legislative History"
• Montana Historical Society, "The Blessings of Liberty: Montana's Constitutions"
• Montana Policy Institute, "Home"
• Beartooth NBC, "Big Sky Chronicles: Montana Constitution," (dead link)
• Montana PBS, "For This and Future Generations..."

Additional reading

• Elison, Larry and Fritz Snyder. (2011). The Montana State Constitution, New York, New York: Oxford University Press
• University of Montana's William J. Jameson Law Library, "Documentary History of the Ratification of the Montana Constitution"